Upon review of any proposed subdivision, the Planning Commission may determine which of the following options, individually or in combination, shall be required to best meet the needs of the City:
   (a)    Dedicate and install improvements to a minimum of five percent (5%) of the area of a subdivision as open space. The scope of such improvements shall be as required by the Planning Commission. Improvements may include, but are not limited to, landscaping, baseball, tennis, or playground layouts and similar park or open space activities.
   (b)    Deposit in escrow with the City a fee equivalent to the fair market value of five percent (5%) of the land in the subdivision immediately prior to its development, plus twenty-five dollars ($25.00) per living unit in the development. Such deposit shall be allocated for acquisition and improvement of open space and recreational lands and shall be expended for such by and at the discretion of the City. Fair market value with respect to this paragraph shall be determined as follows:
      (1)    A fair market value shall be determined by the Planning Commission, based upon current appraisals.
      (2)    If the subdivider rejects the amount of the evaluation, the subdivider may, at his or her expense, obtain an appraisal by a qualified real estate appraiser approved by the Planning Commission. The Commission may accept or reject this appraisal or may negotiate for a final value.
      (3)    If the Planning Commission rejects the owner's appraisal, then the subdivider shall refer the final determination of a fair market value to the Court of Common Pleas of Lucas County.
(Ord. 31-93. Passed 12-13-93.)